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EVANS TRANSP. CORP. v. THE COMET

No. 17871.

100 F.Supp. 71 (1950)

EVANS TRANSP. CORP. v. THE COMET. The ALLEN N. TERBELL.

United States District Court E. D. New York.

December 7, 1950.

Attorney(s) appearing for the Case

Macklin, Speer, Hanan & McKernan, New York City, for libellant, Gerald J. McKernan, New York City, of counsel.

Purdy, Lamb & Catoggio, New York City, for respondent, Thomas J. Irving, New York City, of counsel.

INCH, Chief Judge.

This is an action in rem by the chartered owner of the gas lighter Allen N. Terbell against the tug Comet for damage sustained by the lighter in striking a pier while being towed by the tug.

On the early morning of February 15, 1946, the lighter Terbell was safely mored on the inside of Pier 38 in the Atlantic Basin at Brooklyn, New York. The entrance of the Basin is formed by a gap between the ends of Piers 38 and 33 which are parallel...

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